Hours Worked Principles
Hour worked shall be compensable. This pertains to the time during which the employee has performed his duty. Hence, he deserves to be compensated.
The following shall be considered as compensable hours worked:
(a) All time during which an employee is required to be on duty or to be at the employer’s premises or to be at a prescribed work place; and
(b) All time during which an employee is suffered or permitted to work. (Section 3, Rule I, Omnibus Rules Implementing the Labor Code.)
General principles which may determine whether the time spent by an employee is considered hours worked:
- All hours are hours worked which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion.
- An employee need not leave the premises of the work place in order that his rest period shall not be counted, it being enough that he stops working, may rest completely and may leave his work place, to go elsewhere, whether within or outside the premises of his work place.
- If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor.
- The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered working time either if the imminence of the resumption of work requires the employee’s presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest. (Section 4, Rule I, Omnibus Rules Implementing the Labor Code.)
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The principle of “fair day’s wage for a fair day’s labor,” remains the basic factor in determining the employee’s wages and backwages. (See Durabilt Recapping Plant Company vs. NLRC, G.R. No. L-76746, July 27, 1987.)
Under Section 4(c), Rule I, Book III of the Omnibus Rules Implementing the Labor Code the time spent by an employee is considered hours worked if the work performed was necessary, or it benefited the employer, or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor.
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